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1998-111 ORDINANCE NO ¢~ ~//// AN ORDINANCE CALLING A PUBLIC HEARING ON LAND USE ASSUMPTIONS RE- LATED TO THE POSSIBLE ADOPTION OF WATER AND WASTEWATER IMPACT FEES IN ACCORDANCE WITH CHAPTER 395 OF THE LOCAL GOVERNMENT CODE, RE- QUIRING THE CITY SECRETARY TO POST NOTICE OF THE PUBLIC HEARING AND TO PROVIDE ADDITIONAL NOTICE OF THE PUBLIC HEARING AS SET FORTH IN THE BODY OF THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on March 17, 1998, the City Cotmc~l passed Ordinance No 98-081 ap- pointing the Planning and Zomng Commission members and one additional ad hoc member from the extratemtonal junsdmtlon of the City as the Denton Capital Improvements Advisory Com- mittee ("Committee"), in accordance with Tex Loc Gov't Code §395 058 to study and make recommendations concermng the imposition of impact fees, and WHEREAS, the Committee has met to consider land use assumptions related to the pos- sthle adoption of impact fees to recover costs related to water and wastewater treatment faclhtles, and WHEREAS, the Conumttee believes that the City Councd should hold a public heanng m accordance with subchapter C of Chapter 395 of the Local Government Code to obtmn pubhc ~nput on the land use assumptions relating to the possible adoption of such impact fees, and WHEREAS, the Committee will make ~ts recommendations to the C~ty Council with re- gard to smd land use assumptions prior to the pubhc hearing, and WHEREAS, the City Council deems it m the pubhc interest to set a public hearing on land use assumptions relating to the possible adoption of impact fees, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the City Council hereby calls a pubhc heanng to be held m the City Council Chambers in the Mmucipal Bmldmg at 215 East Mcganney Street, Denton, Texas at 7 00 p m, on June 2, 1998 to consider the adoption of land use assumptions w~th~n a designated service area that includes an area both within the corporate city limits of Denton and portions of 1ts extratemtonal junsdmtlon as more fully shown on the attached notice of pubhc heanng re- lating to the possible adoption of impact fees to recover costs related to water and wastewater treatment facllmes The land use assumptions will be used to develop a Capital Improvements Plan S]tCTION II That the City Secretary and the Director of Water Utlht~es are hereby d~- reeted to publish notme of the heanng once a week for three consecutive weeks, the first notice to appear before the 30th day, but on or after 60th day before the above date set for the hearing, ~n the Denton Record-Chromcle, smd notice to be substantially ~n accordance with the notice of pubhc heanng which is attached to and made a part of thru ordinance for all purposes and ~n compliance with Tex Loc Gov't Code §395 044 On or before the 30th day before the date of the heanng on land use assumptions, the City Secretary and the Director of Water Utilities are hereby d~rected to send a not,ce of the heanng by certified mall to any person who has g~ven written not, ce by certified or registered mall to the City Secretary or other designated official of the City requesting not,ce of the heanng w~th~n two years preeechng the date of the adoption of the ordinance setting the pubhc heanng The not~ce of pubhc heanng may not be m the part of the paper an which legal notices and classified ads appear, and may not be smaller than one- quarter page of a standard-size or tablo~d-s~ze newspaper, and the headline on the notice must be ~n 18-point or larger type T~F~.TI.Q_h[_IJ~ That on or before the date of the first publication of the notice of hearing on the land use assumptions, the City Secretary and the D~rector of Water Utilities shall make available to the pubhc the City's land use assumptions, the t~me period of the projections, and a description of the general nature of the capital ~mprovement facilities that may be proposed in accordance with Tex Loc Gov't Code §395 043 ~n the office of the C~ty Secretary m the Mu- nicipal Bmldang at 215 East MeYdrmey Street, Denton, Texas 76201 SECTION IV. That th~s ordinance shall become effective lmmedmtely upon ~ts passage and approval PASSED AND APPROVED tins the ~J~--'~- day of ._./~-/'~/' / , 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Page 2 "NOTICE OF PUBLIC HEARING ON LAND USE ASSUMPTIONS RELATING TO THE POSSIBLE ADOPTION OF IMPACT FEES" PUBLIC NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS WILL HOLD A PUBLIC HEARING ON JUNE 2, 1998 AT 7 00 P M IN THE CITY COUNCIL CHAMBERS IN THE MUNICIPAL BUILDING AT 215 EAST MCKINNEY, DENTON, TEXAS 76201 THE PURPOSE OF THE PUBLIC HEARING WILL BE TO CONSIDER LAND USE ASSUMPTIONS THAT WILL BE USED TO DEVELOP A CAPITAL IMPROVEMENTS PLAN UNDER WHICH AN IMPACT FEE OR IMPACT FEES TO RECOVER COSTS RELATED TO WATER AND WASTEWATER TREATMENT FACILITIES MAY BE IMPOSED ANY MEMBER OF THE PUBLIC HAS A RIGHT TO APPEAR AT THE HEARING AND TO PRESENT EVIDENCE FOR AND AGAINST THE ADOPTION THE OF LAND USE ASSUMPTIONS ANY INTERESTED PERSON CAN CONTACT THE CITY SECRETARY AT (940) 349-8309 OR GO TO THE CITY SECRETARY'S OFFICE AT THE MUNICIPAL BUILDING AT 215 EAST MCK1NNEY, DENTON, TEXAS TO OBTAIN A COPY OF OR TO INSPECT THE LAND USE ASSUMPTIONS, THE TIME PERIOD OF THE PROJECTIONS, AND A DESCRIPTION OF THE GENERAL NATURE OF THE CAPITAL IMPROVEMENT FACILITIES THAT MAY BE PROPOSED ALL MEMBERS OF THE PUBLIC ARE ENCOURAGED TO PRESENT THEIR VIEWS AT THE HEARING Al MAP OF THE SERVICE AREA TO WHICH THE LAND USE ASSUMPTIONS APPLY, WHICH INCLUDES AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON AND AREAS WITHIN DENTON'S EXTRATERRITORIAL JURISDICTION IS AS FOLLOWS [INCORPORATE MAP IN NOTICE]